Chadd Charland continued his work at restricting large data center construction in Nassau County by joining a group of fellow concerned citizens in drafting a list of proposed regulations on any such development in the County. The citizens group addressed water consumption, water discharge, energy use, noise and heat emissions, buffers between data centers and housing and agriculture, and more.
The citizens recommendations have been forwarded to Nassau County staff which is undertaking the responsibility of drafting new land use codes, zoning ordinances, and regulations related to data centers.
You can read the citizens group’s letter to County Staff and our document of proposed regulations below.
Nassau County Concerned Citizens Letter to County Staff Regarding Potential Data Center Construction
Nassau County Board of County Commissioners and Staff,
We ask that Nassau County take a regulation-first approach and not allow data centers, cryptocurrency facilities, or data mining facilities by right in industrial areas.
Instead, the County should require a Special Use Permit and impose detailed rules for their construction and operation.
The individuals who have prepared this document – Nassau County residents – have been engaged on the subject of data centers in the County from the outset. Our recommendations have been borrowed from other municipalities across Florida, the country, and from our own individual expertise in fields including conservation,agriculture, engineering, information technology, noise testing, industrial electrical, and health care, and are tailored to the unique nature of Nassau County.
Our recommendations are intended to apply to all projects classed as Tier 3 or higher as defined by the Nassau County Data Center Fact-Finding Committee. Particular attention has been given to the noise and heat generated by data centers, their water use and wastewater, as well as the protection of agricultural land, and buffers.
Our recommendations are offered in the interest of serving the Nassau County Fact-Finding Committee’s Number 1 Data Center Goal: “Preserve Nassau County’s Community Identity and Rural Character.” With that as the stated top priority, the bar for permitting a Tier 3 or higher data center must be high indeed. So high as to assure the County’s “Community Identity” and “Rural Character” for successive generations.
Quality of life for current and future residents must take priority over economic promises from outside industry. We believe these recommendations achieve that and welcome any opportunity to discuss our suggestions with BOCC or Staff.
SIGNATORS
Chadd Charland
Julie Ferreira
Juan Santos
Patricia Scattolon
Mike Kersten
Gayle Kersten
Michael Vatter
Jonathan Mashburn
Nassau County Concerned Citizens List of Proposed Data Center Regulations, Restrictions, and Limitations
Proposed Regulations for Data Centers, Crypto Currency or Data Mining Facilities
9/12/2026
1. Nassau County staff are prohibited from entering into any non-disclosure agreement or other private arrangement intended to evade public awareness with any data center, cryptocurrency, or data mining developer or representative. Should any County employee be found to have done so, they will be terminated by the County, for cause, immediately and without severance. Should any data center, cryptocurrency, or data mining developer or representative be found to have engaged a member of County staff in a non-disclosure agreement or private arrangement, the developer will be permanently forbidden from seeking permits in Nassau County and their project in question will be terminated regardless of where it is at toward operation.
2. Nassau County shall provide no tax incentives or subsidies toward the construction or operation of data centers, cryptocurrency, or data mining facilities.
3. Nassau County shall not seize by eminent domain any private property for the construction or servicing of these facilities, nor allow the state nor any utility to do the same, be that for roads, transmission lines, sewer, water, etc.
4. Any Project shall not exceed 35 feet in occupiable height.
5. Developer shall demonstrate perpetual compliance with one (1) or more of the following standards for the Project: LEED for Data Centers at Gold Level or higher; EPA Energy Star; GBI Green Globes; ISO 50001 Energy Management and ISO 14001 Standard for Environmental Management Systems; or other equivalent standards which shall be approved by Nassau County for so long as the Project is operational.
6. Any portion of the Project containing mechanical or electronic improvements (e.g. servers, power generation, mechanical support systems) and/or any equipment that may generate noise shall not be located closer than 5 miles to any residential zoning district and/or property line of a property that could be considered a sensitive receptor such as residential, school, preschool, day-care facility, hospital or other health facility, long-term care or nursing home, community center, place of worship, playground, most parks, campground, or prison.
7. All features installed on the rooftop of the building(s) shall be screened by a parapet sound wall to mitigate the impact of any machinery so placed.
8. All exterior light fixtures shall meet Dark Sky Standards, as defined by DarkSky International. The County shall adopt to all applicable Nassau County Ordinances.
9. Noise, Vibration and Sound.
a. Prior to the issuance of building permits, Developer shall provide funding for a third-party provider, selected by the County, to provide benchmark levels of both sound in decibels and noise in frequency prior to construction and again at full implementation and operation of the Project.
i. Pre-construction Noise Study. Developer shall submit a preconstruction noise study prepared by an acoustical engineer establishing baseline
ambient noise and vibration levels and shall include readings taken at different times of day. The noise study shall include a narrative describing anticipated operational impacts to sound levels and it shall include an octave band analysis. The noise study shall account for any proposed electrical substations, on-site power generation facilities, and any other data center accessory uses that may generate noise and/or vibration.
ii. Post-construction Noise Study. Developer shall submit a noise study of existing operations no sooner than 1 month but no more than 12 months after the issuance of the first Certificate of Occupancy.
iii. Sound shall be measured at all property lines. The studies shall use full spectrum modeling to address low-frequency noise.
iv. If the pre-construction Noise Study establishes a baseline ambient noise level in excess of the maximum sound level permitted under the County’s Noise Ordinance, the Post-Construction Study shall demonstrate that
operations of the proposed use do not materially increase the baseline ambient noise level as measured at the property line. Any increase above the established baseline shall be deemed a violation unless specifically authorized as a condition of approval.
v. Noise studies must factor in any and all noise sources; including but not limited to: generators, alarms, vehicular operations under both normal operating conditions and emergency conditions.
vi. All features installed on the rooftop of the building(s) shall be screened by a purpose-designed parapet sound wall to mitigate the impact of any
machinery so placed.
vii. Developer must provide, at their cost, continuous noise monitoring devices located at multiple property boundaries which shall transmit and
log actual noise levels in realtime to a remote, publicly accessible online database.
viii. Power generators, including backup generators should be installed in sound-attenuating enclosures, and shall not be tested between the hours of 8:00 p.m. and 8:00 a.m.
ix. Noise mitigation measures may be required by the zoning officer when noise studies show that the use is generating noise approaching established limits.
x. Night-time operation (8:00 p.m. to 8:00 a.m.) must be indistinguishable or inaudible from existing night-time ambient sound.
xi. Developer shall ensure that the Project does not exceed the following octave-band limits at any property line of the Subject Property:
16 Hz: 45 dB
31.5 Hz: 45 dB
63 Hz: 45 dB
125 Hz: 45 dB
Should any professional standards adopted by ANSI, ISO, EPA or other recognized authority establish more protective measurement
methodologies, the Developer shall comply with such more protective standards within six (6) months of the issuance of the standard or methodology, unless another timeframe is designated by the County.
b. The Project shall not generate sound in such manner that the sound emanating from such use equals or exceeds at any boundary of the Subject Property 45 decibels and adhere to all appropriate and applicable low-frequency noise standards at all times; in all other respects, the Project shall comply with the County’s noise ordinance at all times.
i. Where baseline ambient noise measured for the pre-construction noise study exceeds that of the maximum sound level above, sound levels at the property line shall not exceed the baseline ambient noise level (for dB(A) and dB(C)).
ii. During measurement, design, and implementation, C‑weighted and narrowband analysis must be included to control 60–120 Hz hums that evade traditional barriers.
c. Developer shall ensure that the Project does not:
i. Exceed Peak Particle Velocity (PPV) of 0.02 inches per second at any property line of the Subject Property.
ii. Cause any perceptible vibration level causing the recurring rattling of windows, walls, floors, ceilings or household contents.
iii. Cause any vibration level that interferes with the reasonable use and enjoyment of any neighboring property.
10. Prior to the issuance of building permits, Developer shall provide a thermal impact mitigation plan. Such plan shall include the following:
a. Identification of primary sources of waste heat (air- and water-based).
b. Evaluation of potential off-site thermal impacts at property boundaries and nearby sensitive receptors, including plume/heat discharge and localized heat islands, under representative seasonal conditions.
c. Description of design measures to minimize heat impacts (e.g., equipment siting, shielding, landscaping, cool roofs/paving where applicable).
d. Evaluation of feasible opportunities for waste heat reuse. Where reuse is not feasible, the reason(s) why should be given, in which case alternative mitigation shall be identified (e.g., vegetative or green roof and/or site design modifications).
e. Inclusion of a monitoring and verification approach, where required by the County as a condition of approval based on proximity to sensitive receptors or site constraints.
f. The Thermal Impact Mitigation Plan shall be prepared and certified by a professional engineer licensed in the State of Florida.
g. The Thermal Impact Mitigation Plan shall be subject to review and comment by the County. The County and its consultants shall have the right to require supplemental or amended plans based on comments by the County prior to issuance of the building permits.
h. If the final design or operation of the facility materially change from the approved Thermal Impact Mitigation Plan, including but not limited to changes in cooling technology, cooling equipment capacity, equipment location, or heat mitigation measures, Developer shall submit an amended Thermal Impact Mitigation Plan
for County review and approval prior to installation or operation of such modifications.
i. Developer shall provide an annual report including summaries, data, and other relevant information regarding:
i. The facility’s annual electrical consumption;
ii. Any waste heat recovery systems installed and operated during the reporting period;
iii. Estimated quantity of waste heat beneficially reused, if any;
iv. Any modifications made to thermal mitigation measures; and
v. Any thermal-related complaints received, and if so, actions taken to address such complaints.
11. Developer shall ensure that all electric and/or electronic equipment on the Subject Property is shielded in a manner that no interference of radio, television, or other broadcast transmission shall be discerned by the boundary of the Subject Property.
12. Water use, groundwater, private well, and wastewater protection standards.
a. The Project shall utilize a closed-loop/closed-circuit cooling system. Such system shall utilize non-toxic coolant. Such coolant shall not be drawn from any public system, as provided herein, nor be discharged into a watercourse, sewer system or in a manner that could contaminate the ground water, as provided herein. Developer shall develop a filling and discharge plan that shall be provided to the County prior to the issuance of any permits.
b. Water Consumption Reporting
i. Pre-Development Estimate. Prior to issuance of a development permit, the Developer shall provide the County with an estimate of the Project’s anticipated annual water consumption, including the anticipated source or sources of water and the estimated quantity to be obtained from each source.
ii. Annual Reporting. Following issuance of a Certificate of Occupancy, and for as long as the Project remains operational, the Developer shall submit an annual report to the County documenting the Project’s actual water consumption for the preceding year, including the source or sources of water used and the quantity obtained from each source.
iii. Material Increase in Water Consumption. If the Project’s actual or proposed water consumption materially exceeds the amount represented in connection with the approved development permit, or if the Developer proposes a change in the source of water supply, the Developer shall
notify the County and obtain any review or approval required by the
County or other governmental authority or entity having jurisdiction prior to implementing such change.
iv. Protection of Existing Wells and Water Resources. The County may require additional evaluation, monitoring, conservation measures,
operational modifications, or other reasonable measures where Project water withdrawals are demonstrated to be causing or contributing to an adverse effect upon groundwater resources, potable water supplies, or existing private or agricultural wells.
13. Baseline Groundwater and Private Well Protection
a. Baseline Groundwater and Well Assessment Required. Prior to commencement of site clearing, grading, construction, dewatering, well installation, or other land-disturbing activity associated with the Project, the Developer shall complete a baseline groundwater and private-well assessment sufficient to document pre-development groundwater conditions and the existing condition of private and agricultural wells in the vicinity of the Subject Property.
b. Two-Mile Study Area and Well Identification. The Developer shall identify all known private potable, domestic, irrigation, livestock, and agricultural wells located within two (2) miles of the boundary of the Subject Property using available governmental records, permit records, property information, field investigation, and other reasonably available sources.
The assessment shall identify, to the extent reasonably ascertainable, the location, use, well depth, aquifer or water-bearing zone, and other available construction information for each identified well.
c. Baseline Testing of Nearby Wells. The Developer shall offer, at the Developer’s expense, baseline water-quality testing of existing private potable, domestic, irrigation, livestock, and agricultural wells located within two (2) miles of the boundary of the Subject Property.
Participation by the owner of an off-site well shall be voluntary. The Developer shall not require a participating property owner to waive any legal right, claim, or remedy as a condition of participation in baseline testing.
d. Baseline Water-Quality Parameters. Baseline testing shall be performed by a qualified independent professional using appropriate sampling, preservation, chain-of-custody, and laboratory procedures. Samples shall be analyzed by a laboratory appropriately certified or accredited for the analyses performed.
Testing shall include, at a minimum, parameters reasonably necessary to characterize existing groundwater quality and to identify potential changes associated with Project construction or operation, including:
i. pH;
ii. Specific conductance;
iii. Total dissolved solids;
iv. Chloride;
v. Sulfate;
vi. Hardness;
vii. Alkalinity;
viii. Nitrate and nitrite;
ix. Iron;
x. Manganese;
xi. Arsenic;
xii. Lead;
xiii. Copper;
xiv. Chromium;
xv. Other metals or inorganic constituents reasonably associated with Project activities;
xvi. Volatile or other organic compounds reasonably associated with fuels, solvents, cooling-system chemicals, water-treatment chemicals, or other substances proposed to be stored or used at the Project; and
xvii. Any additional parameter required by the County or other governmental authority having jurisdiction based upon site conditions, proposed chemical use, wastewater characteristics, or other Project-specific circumstances.
e. Baseline Groundwater Levels. The baseline assessment shall document groundwater elevations and, where reasonably practicable, static water levels in participating private and agricultural wells or appropriately located monitoring wells. Measurements shall be sufficient to establish representative pre-development groundwater conditions and shall identify the date, location, measurement method, and well or monitoring point used.
f. Project Monitoring Wells. The County may require the Developer to install dedicated groundwater monitoring wells at locations and depths determined appropriate based upon site-specific geology, hydrogeology, groundwater-flow direction, Project water withdrawals, wastewater systems, chemical storage areas, and other potential sources of groundwater impact.
Where monitoring wells are required, the monitoring network shall include sufficient upgradient and downgradient locations to establish background groundwater conditions and detect changes that may be associated with construction or operation of the Project.
g. Baseline Report. Prior to issuance of a development permit, or prior to commencement of site-disturbing activity if required earlier by the County, the Developer shall submit a Baseline Groundwater and Well Assessment Report documenting:
i. The methodology used to identify wells;
ii. The location and available characteristics of identified wells; iii. The wells offered baseline testing and the wells actually tested; Sampling dates and methods;
Laboratory analytical results;
Baseline groundwater-level measurements;
The location and construction details of any Project monitoring wells; Available information concerning groundwater-flow direction and hydrogeologic conditions; and
The qualifications of the persons conducting the assessment, sampling, analysis, and hydrogeologic evaluation.
h. Continuing Groundwater Monitoring. Following commencement of Project operations, the County may require periodic groundwater-level and water-quality monitoring at Project monitoring wells and, with the consent of the well owner, at participating private or agricultural wells where necessary to determine whether Project construction or operation is affecting groundwater quantity or quality.
Monitoring frequency and parameters may be adjusted by the County based upon Project operations, water consumption, wastewater characteristics, chemical use, monitoring results, hydro-geologic conditions, or evidence of a potential impact.
i. Investigation of Potential Impacts. If monitoring results, a well-owner complaint, or other credible information indicates a material change in groundwater level or water quality that may reasonably be associated with the Project, the County may require the Developer, at the Developer’s expense, to conduct additional sampling, hydrogeologic investigation, groundwater monitoring, or other technical evaluation necessary to determine the nature, extent, source, and potential cause of the change.
j. Corrective and Protective Measures. Where competent evidence demonstrates that construction or operation of the Project has caused or materially contributed
to contamination, degradation, or an unreasonable adverse effect upon groundwater or an existing private or agricultural well, the Developer shall promptly implement corrective and protective measures required by the County or other governmental authority having jurisdiction.
Such measures may include additional monitoring, treatment, remediation, modification or reduction of groundwater withdrawals, modification of Project operations, provision of an interim potable-water supply, restoration or replacement of an affected well, connection to an available alternative potable-water supply where appropriate, or other measures reasonably necessary to restore or protect the affected water supply.
k. Records and Access to Results. All groundwater and well-monitoring records, laboratory reports, groundwater-level measurements, hydrogeologic evaluations, and corrective-action reports required by this section shall be maintained by the Developer for the operational life of the Project and shall be provided to the County upon request.
l. A participating well owner shall be provided, without charge, a copy of all sampling and laboratory results obtained from that owner’s well.
14. Wastewater and Liquid Discharge Identification
a. Identification and Characterization. Prior to issuance of a development permit, the Developer shall identify and quantify all wastewater and other liquid discharges anticipated to be generated by the Project, including the source, anticipated volume, composition, proposed treatment or pretreatment, and proposed method and point of discharge or disposal for each wastewater stream.
b. Wastewater Streams. Wastewater and liquid discharges subject to this section shall include, as applicable, sanitary sewage, cooling-tower blowdown, cooling-system wastewater and fluids, HVAC wastewater, equipment-cleaning wastewater, water-treatment residuals, process wastewater, and any other industrial wastewater or liquid waste generated by the Project.
c. Additional Controls. The County may require discharge limitations, flow metering, sampling, monitoring, pretreatment, treatment, or other appropriate controls as determined necessary by the County Sewer Engineer or other governmental authority or entity having jurisdiction over the Project.
15. Wastewater Discharge Plan
Plan Required. Prior to issuance of a development permit, the Developer shall submit a Wastewater Discharge Plan for review and approval by the County. The Project shall
thereafter be constructed and operated in accordance with the approved Wastewater Discharge Plan.
a. Any material change in wastewater generation, wastewater composition, treatment or pretreatment, disposal method, discharge location, or wastewater infrastructure shall require review and approval of an amended Wastewater Discharge Plan prior to implementation of the proposed change.
b. Required Contents. The Wastewater Discharge Plan shall include, at a minimum:The estimated quantity of wastewater generated by the Project, identifying the source, anticipated volume, composition, and proposed treatment or disposal method for each wastewater stream, including sanitary sewage and wastewater generated by cooling, HVAC, water-treatment, equipment-cleaning, and other facility systems.
If wastewater will be discharged to a public wastewater collection or treatment system, written confirmation from the applicable wastewater utility or authority that adequate capacity exists to accept the anticipated volume, rate, and characteristics of the proposed discharge.If the Project proposes private wastewater treatment or disposal, a study demonstrating the feasibility of the proposed system and evaluating its potential effects upon groundwater, private and agricultural wells, potable water supplies, surface waters, wetlands, and other water resources.
c. Private Wastewater Treatment or Disposal Study. The study required shall include, at a minimum:
i. Calculations of projected wastewater generation, identifying the source, quantity, composition, and proposed treatment or disposal method for each wastewater stream;
ii. A geologic and hydro-geologic map of the area extending at least two (2) miles from the boundary of the Subject Property;
iii. The location of all known existing and proposed private potable, domestic, irrigation, livestock, agricultural, public-supply, and other wells within two (2) miles of the boundary of the Subject Property, including, to the extent reasonably ascertainable, identification of known high-yield wells and their capacities;
iv. The location of surface waters and wetlands within two (2) miles of the boundary of the Subject Property and all known point sources of pollution within the study area;
v. A description of any proposed wastewater reuse, recycling, treatment, pretreatment, discharge, or disposal process;
vi. An evaluation demonstrating that the proposed wastewater treatment and disposal system will not adversely affect the quantity or quality of
groundwater, nearby private or agricultural wells, potable water supplies, surface waters, wetlands, or other water resources; and
vii. The qualifications and signature of each person responsible for preparing the study and, where applicable, the professional seal of the responsible licensed professional.
16. Discharge Quality and Protection of Water Resources
a. Authorized Discharges Only. The Developer shall not discharge, release, inject, dispose of, or otherwise introduce process wastewater, cooling-system wastewater or fluids, cooling-tower blowdown, equipment-cleaning wastewater, water-treatment residuals, or other industrial wastewater or liquid waste into or onto the ground, groundwater, surface waters, wetlands, stormwater systems, sanitary sewer systems, or any other receiving system except as expressly authorized in writing by the governmental authority or entity having jurisdiction.
b. Protection of Groundwater, Wells, and Potable Water Supplies. No discharge, treatment, reuse, storage, or disposal method shall be permitted that causes or is reasonably likely to cause contamination or degradation of groundwater, potable water supplies, surface waters, wetlands, or existing private or agricultural wells.
c. Compliance Required. All authorized discharges shall comply with the approved Wastewater Discharge Plan and all applicable federal, state, local, utility, and receiving-facility discharge limitations, water-quality standards, permit conditions, pretreatment requirements, and other applicable requirements.
17. Pretreatment Standards
a. Pretreatment Required. All non-domestic wastewater generated by a Data and Digital Infrastructure Facility, including cooling-system blowdown, cooling-tower wastewater, equipment-cleaning wastewater, water-treatment residuals, and wastewater containing treatment chemicals, corrosion inhibitors, biocides, scale inhibitors, metals, dissolved solids, or other pollutants, shall be adequately treated or pretreated prior to discharge to a public or private wastewater collection or treatment system.
b. Applicable Standards. Pretreatment shall be designed, installed, operated, monitored, and maintained so that all wastewater discharged from the Project
complies with the most stringent applicable federal, state, local, utility, and receiving-facility pretreatment standards, discharge limitations, permit conditions, and water-quality requirements, and any local limits established by the receiving wastewater utility or treatment authority.
c. No Interference or Pass-Through. No discharge shall cause or contribute to interference with the operation of the receiving wastewater collection or treatment system, pass-through of pollutants, damage to collection or treatment infrastructure, impairment of reclaimed-water quality, contamination of biosolids, or violation of any permit applicable to the receiving wastewater facility.
d. Cooling-System Wastewater. Cooling-tower blowdown and other cooling-system wastewater shall be evaluated for and, where necessary, treated to control total dissolved solids, chlorides, sulfates, hardness, pH, temperature, suspended solids, metals, biocides, corrosion inhibitors, scale inhibitors, treatment chemicals, and other constituents reasonably expected to be present in the discharge.
e. Chemical Disclosure. Prior to operation, the Developer shall provide the County and the receiving wastewater authority with a complete inventory of chemicals proposed for use in cooling, water treatment, equipment cleaning, corrosion control, biological control, and other processes that may contribute constituents to wastewater.
Safety Data Sheets and anticipated concentrations of such chemicals or their constituents in the wastewater stream shall be provided. Any material change in chemical use that may affect the quantity or characteristics of wastewater discharged from the Project shall require prior disclosure and any approval required by the County or other governmental authority or entity having jurisdiction.
f. Pretreatment System. Where necessary to achieve applicable discharge standards, the Developer shall install, operate, monitor, and continuously maintain appropriate pretreatment equipment, which may include equalization, neutralization, filtration, solids removal, metals removal, temperature control, or other treatment determined necessary by the receiving wastewater authority or other governmental authority or entity having jurisdiction.
g. No Dilution. The Developer shall not dilute wastewater with potable water, reclaimed water, stormwater, uncontaminated cooling water, sanitary sewage, or another wastestream as a substitute for treatment or pretreatment or as a means of achieving a discharge limitation.
h. Sampling Prior to Discharge. All non-domestic wastewater shall pass through an approved sampling and monitoring location after any required pretreatment and, to the maximum extent practicable, before mixing with sanitary sewage or other wastestreams so that the characteristics of the industrial wastewater discharge can be independently determined.
i. Monitoring. The Developer shall conduct sampling and analysis at a frequency and for parameters established by the County, receiving wastewater authority, or other governmental authority or entity having jurisdiction. Continuous monitoring of flow, pH, conductivity, temperature, or other appropriate parameters may be required where warranted by the characteristics or volume of the discharge.
j. Facility-Specific Requirements. The County, receiving wastewater authority, or other governmental authority or entity having jurisdiction may establish facility-specific concentration limits, mass-loading limits, flow limits, monitoring requirements, or additional pretreatment requirements where necessary to protect the wastewater collection system, wastewater treatment facility, reclaimed-water system, groundwater, surface waters, potable water supplies, private or agricultural wells, or public health and safety.
18. Monitoring and Enforcement
Sampling and Monitoring Locations. The Developer shall provide and continuously maintain one or more dedicated wastewater sampling and monitoring locations, as designated or approved by the County or other governmental authority or entity having jurisdiction.
a. Each sampling location shall be located after any required pretreatment and, to the maximum extent practicable, before the wastewater is combined with sanitary sewage, stormwater, uncontaminated water, or other wastestreams, so that wastewater generated by the Project can be independently sampled, monitored, and evaluated.
b. Access. The Developer shall permit the County and other governmental authorities or entities having jurisdiction reasonable and unimpeded access to all sampling and monitoring locations, associated monitoring equipment,
pretreatment systems, and wastewater facilities for purposes of inspection, sampling, monitoring, testing, and enforcement.
c. Access shall be provided at all reasonable times and at any time necessary to investigate a suspected violation, unauthorized discharge, spill, equipment failure, or other condition that may present a threat to public health or safety, groundwater, surface waters, wetlands, potable water supplies, or private or agricultural wells.
d. Interference Prohibited. The Developer shall not obstruct, bypass, alter, dilute, tamper with, disable, or otherwise interfere with any sampling or monitoring location or equipment or with the ability of the applicable authority to obtain a representative sample or accurate measurement of the Project’s wastewater discharge.
e. Sampling, Analysis, and Records. The Developer shall conduct sampling, monitoring, and laboratory analysis at such frequency and for such parameters as required by the County or other governmental authority or entity having jurisdiction.
The Developer shall maintain all monitoring records, sampling results, analytical results, flow records, and other required wastewater records and shall make such records available for inspection. Upon request, the Developer shall promptly provide copies of such records and results to the County.
f. Violations and Corrective Action. If monitoring, sampling, inspection, or laboratory analysis demonstrates a violation of an applicable discharge limitation, pretreatment requirement, permit condition, or approved Wastewater Discharge Plan, the Developer shall immediately take all actions necessary to cease or correct the violation and shall be subject to all applicable enforcement remedies.
Nothing in this section shall limit the authority of the County or any other governmental authority or entity having jurisdiction to require additional sampling, monitoring, testing, corrective action, operational modifications, or other measures necessary to protect the wastewater collection and treatment system, groundwater, surface waters, wetlands, potable water supplies, private or agricultural wells, or public health and safety.
19. Change in Use or System Modifications.
a. Prior Review and Written Approval Required. The Developer shall not undertake any material change in the use or operation of the Project, cooling system, water-treatment system, wastewater system, pretreatment system, or other process associated with the Project that would:
i. Increase water consumption or materially change the source of water supply;
ii. Increase wastewater generation;
iii. Increase the volume or rate of wastewater discharge;
iv. Alter the characteristics or composition of any wastewater discharge; v. Introduce a new chemical, treatment process, or wastestream that may materially affect wastewater characteristics;
vi. Change the method or location of wastewater treatment, pretreatment, discharge, reuse, or disposal; or
vii. Materially modify wastewater, pretreatment, sampling, or monitoring infrastructure,
viii. without prior review and written approval by the County and any other governmental authority or entity having jurisdiction, as applicable.
b. Amended Plans and Studies. The County may require the Developer to submit an amended Water Consumption Report, Wastewater Discharge Plan, Baseline Groundwater and Well Assessment, hydrogeologic study, wastewater characterization, pretreatment analysis, or other supporting information necessary to evaluate the proposed modification before approval is granted.
c. Continuing Compliance. Approval of a modification shall not relieve the Developer of any obligation imposed by these regulations or Ordinance, an approved Wastewater Discharge Plan, or any applicable federal, state, local, utility, or receiving-facility requirement.
20. Flow Identification and Controls: Developer shall quantify all project flows, and where deemed to be appropriate in the sole discretion of the County, be subject discharge limitations and metering requirements, as determined by the County Sewer Engineer and/or any authority or other entity having jurisdiction over the Project.
21. The Project shall be power self-sufficient through on-site power generation and not utilize public utilities to power the Project; Developer shall utilize exclusively renewable power generation technology.
22. Developer shall offer any excess on-site generated power back to the utility grid, as possible. However, the primary purpose of any on-site generated power shall be for the Project and shall not be intended to exceed the needs of the Project for off-site power provision or use.
23. Should the Project utilize battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, for any purpose, Developer shall demonstrate compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or similar standards and shall include fire suppression systems designed specifically for battery storage.
24. The Project shall demonstrate that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare.
25. Developer agrees to utilize a clean air micro-grid or a CHP system to address emissions and pollution generated on the Subject Property; all emission levels shall be in
accordance with the highest standards promulgated by the United States Environmental Protection Agency (EPA) or the Florida Department of Environmental Protection (DEP). All generators shall meet or exceed Tier 4 emissions standards and operational practices shall be optimized to reduce generator runtime and include enhanced emission controls.
26. Developer shall conduct a Traffic Impact Study (TIS) for both construction-phase and operational traffic, in accordance with the standards of the Florida Department of Transportation (FDOT).
27. Developer shall ensure that the Project does not adversely affect the level of service on surrounding roadways.
28. Developer shall design all access points and on-site circulation to prevent queuing or operational impacts on public roadways.
29. Developer shall conspicuously post signage at the entrance to the Subject Property containing 24-hour emergency contact information, including property owner name, operator name, telephone number, and e-mail address; signage shall also include contact information for any third-party service providers.
30. Developer shall develop and maintain on file with the County and all emergency service entities primarily serving the Subject Property an Emergency Response Plan prepared by a qualified professional. The Emergency Response Plan shall include:
a. Evaluate the impacts, both positive and negative, of the proposed data center upon emergency services and fire protection.
b. Be reviewed by and acceptable to the local fire department and emergency management services prior to building permits.
c. Include detailed procedures for fire suppression, containment, ventilation, and evacuation.
d. Ensure that all first responders receive adequate training specific to the installed system at the expense of the applicant.
e. Include provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional on behalf of the data center.
31. All applicable provisions of the Emergency Response Plan shall be implemented as required by the County’s Fire Marshall, including but not limited to fire suppression containment, alarms, and any other warning or emergency management systems.
32. The applicant shall coordinate with the municipal emergency management coordinator to ensure there is adequate radio coverage for emergency responders within all on-site buildings and facilities, based upon existing coverage levels of the municipal public safety radio communications system exterior to on-site buildings. The applicant shall install enhancement systems, as needed, to achieve compliance.
33. Developer shall develop a plan to recruit and hire locally and commit to paying prevailing wage and benefit rates, including employing local workforce in site preparation and construction. Developers must employ Local Hire and Registered Apprenticeship Program workers throughout every phase of construction if such workers are available in the Nassau, Duval, Baker, Union, Bradford county area. Developer shall provide comprehensive training for all hires, as appropriate.
34. An Electronic Waste Plan shall be reviewed and approved prior to the issuance of building permits for safe removal and recycling and/or disposal of server infrastructure, hazardous materials, batteries, electronic waste, and related products that meet all state and federal requirements, for all equipment within the data center for replacement or decommissioning.
35. Any and all e-waste generated by the facility must be disposed of outside of Nassau, Duval, Clay, Baker, Putnam, St. Johns, Bradford and Union counties in Florida as well as Ware, Charlton, or Camden counties in Georgia.
36. Developer shall develop a Decommissioning Plan to the satisfaction of the County. All Costs associated with future decommissioning shall be the responsibility of Developer. Prior to issuance of building permits for the Project, Developer shall provide financial security the amount equal to the cost of decommissioning, which shall be held until released by the County.
37. Annual Environmental and Resource Use Reporting
a. Annual Report Required. The owner or operator of a Data and Digital Infrastructure Facility shall submit an annual report to the County documenting the facility’s energy consumption, water consumption and water sources, water-use intensity, air emissions, use of renewable energy resources, operation of emergency or backup generators, and such other operational or environmental information reasonably required by the County to evaluate compliance with this Ordinance and impacts upon public infrastructure, natural resources, and surrounding properties.
b. Water-Use Reporting. Water-use reporting shall include, at a minimum: i. Monthly water consumption;
ii. Total annual water consumption;
iii. Maximum daily water demand;
iv. The source or sources of all water used by the facility;
v. The quantity of water withdrawn or obtained from groundwater, public water supply, surface water, reclaimed water, or any other source;
vi. Water-use intensity, using a methodology approved or accepted by the County; and
vii. Any material change in water source, withdrawal method, cooling technology, or other operational condition that materially affects water consumption.
Water-use information submitted pursuant to this section shall satisfy the annual operational water-consumption reporting requirement of #13,
provided that all information required by #13 is included.
c. Additional Information. The County may require additional operational or environmental information reasonably necessary to determine compliance with this Ordinance or to evaluate material impacts upon public infrastructure, groundwater, potable water supplies, private or agricultural wells, surface waters, wetlands, air quality, natural resources, or surrounding properties.
d. Public Records. Annual reports submitted pursuant to this section shall be maintained in accordance with applicable Florida public-records law. The County may make such reports available to the public, in whole or in part, subject to any exemption or confidentiality requirement provided by applicable law.
38. Developer agrees to grant the County full access to the Subject Property to monitor, inspect and evaluate compliance with all conditions and the County’s Ordinances at any time without prior notice.
39. The Developer shall pay all applicable permit, review, inspection, and other fees established or assessed by the County in connection with the Project.
40. Developer agrees to seek no variances from the Nassau County Zoning Ordinance.
41. Public Information and Monitoring. Developer shall develop a system of continuous monitoring and provide a Continuous Monitoring Plan for such to the County for review and approval prior to the issuance of a Certificate of Occupancy. Such Continuous Monitoring Plan shall provide a publicly accessible portal (i.e. website) to report on conditions related to the operation of the Project including, but not limited to, air quality, water usage, thermal impact, noise, and vibration. The County reserves the right to require additional continuous monitoring criteria as part of the Continuous Monitoring Plan. The obligation to maintain a Continuous Monitoring Plan and publicly accessible portal shall be perpetual until such time as the Project is decommissioned and any applicable Decommissioning Plan is complete.
42. Failure to comply or adhere to any of the County’s requirements, regulations, or restrictions would result in fines, stop work orders, and potential law enforcement intervention to be outlined at a later date.
43. Advancements in Technology
The County may initiate a review of these conditions upon the occurrence of any of the following events:
a. Publication of new Federal, State, International or peer-reviewed scientific research demonstrating material health, safety, sleep disturbance, nuisance, property use, or quality-of-life impacts associated with low-frequency sound, infrasound, tonal noise, or vibration generated by facilities similar to the Project;
b. Adoption or revision of standards, guidance documents, recommendations, or best practices by recognized authorities, including but not limited to ANSI, ISO, EPA, OSHA, NIOSH, ASHRAE, state environmental agencies, or comparable professional organizations;
c. Verified evidence that Project operations are causing impacts not adequately addressed by these standards;
d. Repeated verified complaints indicating recurring impacts despite technical compliance with existing standards;
e. Material expansion of the Project or substantial changes in operational equipment, cooling systems, power systems, generator systems, or facility configuration; and/or
f. Development of new residential neighborhoods, schools, hospitals, parks, or other sensitive receptors in proximity to the Project.
44. Following review, the County may require reasonable additional mitigation measures, including but not limited to:
a. Additional acoustic barriers;
b. Enhanced vibration isolation systems;
c. Equipment replacement or retrofit;
d. Operational restrictions;
e. Additional monitoring locations;
f. Enhanced reporting requirements;
g. Revised low-frequency sound limits;
h. Revised vibration limits;
i. Additional setback or buffering measures applicable to future phases or expansions; and/or
j. Other measures reasonably necessary to address documented impacts.
Upon occurrence of a Reopener Event, the County may require Developer to prepare, at Developer’s expense, an updated Acoustic, Low-Frequency Sound, and Vibration Impact Assessment.
The County may retain independent consultants to review such assessments, the cost of which shall be borne by Developer.
Developer acknowledges and agrees that compliance with the numerical standards contained herein shall not create a vested right to continue operations in a manner that creates documented adverse impacts if future evidence demonstrates that additional protections are reasonably necessary.
All modifications which shall be required pursuant to this section shall be implemented and operational within six (6) months of approval by the County.
45. Taxation and Public Financial Incentives
a. The Developer shall timely pay all ad valorem taxes, assessments, fees, and other charges lawfully imposed by the County upon the Project or Subject Property.
b. No Data and Digital Infrastructure Facility approved pursuant to these regulations and/or this Ordinance shall be eligible to receive, directly or indirectly, any County-funded or County-authorized tax abatement, tax rebate, tax credit, tax refund, fee waiver, grant, subsidy, economic development incentive, or other financial incentive that has the effect of reducing the Project’s financial obligations to the County or providing County financial assistance to the Project.
c. The prohibition in subsection (B) applies to any such incentive or financial assistance provided by or through the County, any County agency, authority, board, department, or instrumentality, or any economic development organization
or other entity acting on behalf of the County or administering, distributing, or committing County funds or resources.
d. The Developer shall not circumvent this section by receiving a prohibited incentive or financial benefit through an affiliate, subsidiary, parent company, related entity, property owner, landlord, contractor, or other person or entity where the incentive or benefit is provided for the purpose of supporting, developing, constructing, operating, or expanding the Project.
e. Approval of a Data and Digital Infrastructure Facility pursuant to this Ordinance shall not create or imply any entitlement to preferential tax treatment, public subsidy, or other financial assistance from the County.Assurances that all taxes will be paid and Developer shall not attempt to reduce the tax burden owed to the County.
46. Any on-site surveillance or security cameras networked into databases allowing for access to images recorded on-site by any party other than the developer will be limited in purview not to extend beyond the development’s property line.
47. Permit application approval for any Tier 3, Tier 4, or Tier 5 scale data center as defined by Nassau County must receive a unanimous “yes” vote by Nassau County Board of County Commissioners before proceeding.
48. Protection of Agricultural Uses, Animals, and Rural Resources:
a. Any Data and Digital Infrastructure Facility and all associated facilities shall be located, designed, constructed, operated, and maintained to prevent
unreasonable adverse impacts and minimize other operational impacts upon agricultural operations, agricultural residences, livestock and other farm animals, apiaries, wildlife and their associated habitats.
b. Potential impacts, including audible and low-frequency noise, tonal noise, vibration, lighting, air emissions, electromagnetic fields, and other operational impacts, shall be evaluated for impact upon sensitive receptors at the
representative receiving location, including, as applicable barns, stables, pastures, paddocks, livestock areas, agricultural residences, apiaries, animal shelters, conservation lands, wetlands, and wildlife habitat.
c. The reviewing authority of Nassau County may require additional reasonable mitigation where site-specific conditions demonstrate that such measures are necessary to protect agricultural uses, animals, agricultural residences, wildlife, and other environmental resources.
d. Protect The Floridian Aquifer System and local well-water quality. The developer will set a legal and scientific baseline of the area aquifer and well water before a new data center site development begins. The developer will be responsible for hiring an independent, state-certified laboratory to collect, test, and document the area’s current water quality with a strict chain of custody.
e. Pollinator and EMF Protection. A separate section of this ordinance shall establish specific standards for the protection of bees and other pollinating insects from potential impacts associated with electromagnetic fields (EMF) generated by a Data and Digital Infrastructure Facility or its associated electrical infrastructure. Such standards shall address pre-construction baseline assessment, EMF modeling, monitoring locations, post-construction
measurements, and appropriate mitigation requirements.
49. Agricultural Uses, Animals, and Rural Resources:
a. Agricultural and Livestock Setback — One-Half Mile
Data center buildings and associated facilities shall be located not less than one-half (½) mile, or two thousand six hundred forty (2,640) feet, from any existing barn, stable, livestock shelter, regularly used livestock area, pasture, paddock, equestrian operation, poultry operation, apiary or other area on a separate parcel regularly used for the keeping, housing, or grazing of livestock or other farm animals, or other agricultural use, business or personal as recognized under applicable Florida law.
The setback shall be measured from the exterior wall or outermost boundary of the data center building or associated facility, whichever is closest, to the nearest boundary of the protected agricultural or livestock use.
b. Application of Setbacks
The setback requirements of this section are cumulative and independently applicable. Where a parcel contains both an agricultural residence and a protected agricultural or livestock use, both setbacks shall apply.
Compliance with one setback shall not eliminate or reduce another applicable setback. Where two or more setback requirements apply to the same protected use or sensitive receptor, the greater setback shall control.
c. Vegetated Conservation Buffer — 1,000 Feet
A continuous 1,000-foot vegetated conservation buffer shall be required along all property boundaries except the designated public-road frontage containing the
primary entrance and egress, which shall be subject to the separate
road-frontage berm and screening requirements of this section.
The conservation buffer shall be measured inward from each applicable property boundary and shall count toward, and not be added to, the applicable 2,000-foot Agricultural and Livestock Setback or 2,640-foot Agricultural Residence Setback.
The buffer shall provide permanent, year-round screening and separation from noise, low-frequency sound, vibration, lighting, and visual impacts associated with data center operations. It shall:
i. Preserve existing mature native vegetation to the maximum extent practicable;
ii. Include native canopy and evergreen trees (Live Oak (Quercus
Virginiana), Magnolia (Magnolia grandiflora), Wax Myrtle (Morella
cerifera), Pine (Pinus spp.), understory vegetation (Saw Palmetto
(Serenoa repens), and shrubs appropriate to Nassau County sufficient to create a dense, layered, year-round screen; trees and plants should be interplanted in repeating, multi-tiered clusters rather than distinct rows. This mimics a native southeastern maritime forest ecosystem, which
scatters sound waves in multiple directions more effectively than uniform rows.
iii. Be designed and maintained to mitigate impacts from data center buildings and intensive electrical, mechanical, generation, and cooling infrastructure.
50. Detailed Buffer Design Standards. A separate section shall establish reproducible planting and design standards using repeatable 40-foot-by-40-foot modules, specifying minimum plant quantities, types, sizes, spacing, staggered placement, species diversity, replacement, and long-term maintenance.
51. Prohibited Uses. No data center buildings, cooling equipment, generators or generator yards, transformers, substations, switchyards, battery energy storage systems, parking or loading areas, stormwater management facilities, or other data center infrastructure shall be located within the conservation buffer.
52. Clearing shall be limited to County-approved ecological restoration, invasive-species management, wildfire protection, or other necessary environmental management.
53. The conservation buffer shall be permanently protected and maintained for the operational life of the data center and shall not be reduced or used for future expansion.
54. Public-Road Frontage — Elevated Landscaped Berm
Along the designated public-road frontage containing the primary entrance and egress, the development shall provide a continuous, elevated landscaped berm combining naturalistic earth shaping with dense, layered native evergreen and deciduous vegetation to substantially screen Data and Digital Infrastructure Facility buildings, associated facilities, electrical and cooling infrastructure, parking and loading areas, security fencing, and other industrial features from public view.
a. Berm Design. The berm shall:
i. Be located entirely within the development property;
ii. Use a maximum slope of five horizontal feet for each one vertical foot (5H:1V), except where a steeper slope is demonstrated by a licensed professional engineer to be necessary and safe;
iii. Use broad, curving transitions that blend the berm into the surrounding landscape;
iv. Be designed by a qualified professional to maintain natural drainage patterns, prevent ponding or adverse stormwater impacts on adjoining property or public rights-of-way, and control erosion; and
v. Be of sufficient height, width, and configuration, in combination with required vegetation, to provide effective year-round screening from the adjoining public roadway.
b. Layered Vegetative Screening. The berm shall:
i. Preserve and incorporate existing mature native vegetation to the maximum extent practicable;
ii. Include a dense, staggered combination of native evergreen and canopy trees, understory trees, shrubs, grasses, and groundcover appropriate to Nassau County;
iii. Provide multiple heights and layers of vegetation sufficient to eliminate substantial gaps in screening;
iv. Emphasize evergreen vegetation where necessary to maintain year-round screening; and
v. Be designed so that Data and Digital Infrastructure Facility buildings and associated facilities are substantially screened from public view at
maturity.
Plant selection shall emphasize native species and shall provide species diversity sufficient to reduce the risk of widespread loss from disease, pests, drought, or extreme weather.
c. Prohibited Uses. No Data and Digital Infrastructure Facility buildings, cooling equipment, generators or generator yards, transformers, substations, switchyards, battery energy storage systems, parking or loading areas, stormwater management facilities, or other major facility infrastructure shall be located on or within the required berm or landscaped screening area.
i. Necessary entrance and egress access may cross the berm only at approved locations and shall be designed to minimize interruption of the continuous visual screen.
ii. The berm and required vegetation shall be installed before the facility begins operation and permanently maintained for the operational life of the facility. Dead, diseased, damaged, or removed required vegetation shall be replaced as necessary to maintain the required screening. The berm shall not be reduced, removed, or used to accommodate future expansion of the facility.
iii. All berms, buffers, vegetative barriers, and site landscaping shall be designed, installed, and maintained by companies doing business in Nassau, Duval, Union, Bradford, or Baker counties prior to construction.